In February 2015, the German data protection authorities adopted a resolution with the title “Tracking of user behavior on the Internet” (German).

In this resolution, the authorities urge the German government to finally transpose the standards of European directive 2002/58/EC (so called ePrivacy Directive). The authorities are of the opinion that the current German data protection law (especially the German Telemedia Act (Telemediengesetz)) does not correctly implement Art. 5 para 3 of directive 2002/58/EC (in the revised version of directive 2009/136/EC). According to Art. 5 para 3 of the ePrivacy Directive, European “Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing”. Continue reading →